Kansas Statutes 40-2101. Apportionment agreements among insurers as to persons unable to procure certain insurance
Current as of: 2023 | Check for updates
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Terms Used In Kansas Statutes 40-2101
- Commissioner: means the commissioner of insurance. See Kansas Statutes 40-2118
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Except as provided in Kan. Stat. Ann. § 40-2142, and amendments thereto, agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith, entitled to but who are unable to procure such insurance through ordinary methods and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance provided that such apportionment agreements and rate modifications are approved by the commissioner of insurance.